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The Crime of Genocide: Then and Now
Evolution of a Crime
In this original and thought-provoking collection, the Editors provide a multilayered study of the "crime of crimes". Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice.
This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
Pavel Šturma, DrSc. (1963), Charles University, Faculty of Law, in Prague, is Professor of Public International Law at that University. He is also a member of the UN International Law Commission, and published several monographs and many articles in the field of international law, including
International Criminal Court and Prosecution of Crimes under International Law (Charles University Press, 2002) and
Immunities of States and Their Officials in Contemporary International Law (in co-authorship, RW&W Publishing, 2017).
Milan Lipovský, Ph.D. (1985), Charles University (Prague), is a Senior Lecturer and Researcher at that University's Faculty of Law. He has published a monograph and articles on Public International Law, including The Rome Statute's Crime of Aggression After the Kampala Revision Conference (in Czech, Rozkotová, 2017).
Milan Lipovský, Ph.D. (1985), Charles University (Prague), is a Senior Lecturer and Researcher at that University's Faculty of Law. He has published a monograph and articles on Public International Law, including The Rome Statute's Crime of Aggression After the Kampala Revision Conference (in Czech, Rozkotová, 2017).
Foreword
Claus Kreß
Notes on Contributors
Introduction
Pavel Šturma and Milan Lipovský
part 1
Theoretical Issues and the Concept of Genocide
1 State Responsibility and Individual Criminal Responsibility for the Crime of Genocide
Pavel Šturma
2 Atrocity Labelling From Crimes against Humanity to Genocide Studies
Markus P. Beham
part 2
Forms of Responsibility for the Crime of Genocide
3 Time for Yet Another Judicial Creativity Does a Purpose-Based Approach Hinder Successful Prosecutions of Genocide Cases?
Michala Chadimová
4 Attempted Genocide in International Criminal Law
Nikola Kurková Klímová
part 3
Specially Protected Groups
5 A House with Four Rooms Only? The Protected Groups under the Definition of Genocide
Veronika Bílková
6 The Prevention of Cultural Genocide and the International Protection of National Minorities
Harald Christian Scheu
7 “The Victim Is the Group Itself” The Objective and Subjective Criteria in Determining the Groups Protected against Genocide
Kateřina Uhlířová
8 Invisible Genocide The Relevance of the 1948 Genocide Convention to the People with Disabilities
Eliška Mocková
part 4
Denial of Crimes
9 The Stigma of Genocide and the Denial of Communist Crimes
Tamás Hoffmann
10 The Denial of Armenian and Rohingya Genocide
Katarína Šmigová
11 The Situation in Myanmar and the Territorial Jurisdiction of the icc
Kristýna Pelikánová Urbanová
part 5
Genocide Internationally and Domestically
12 The Czech (Czechoslovak) Experience with the Genocide Convention
Ondřej Svaček
13 Universal Jurisdiction and the Crime of Genocide
Milan Lipovský
Bibliography
Index
Claus Kreß
Notes on Contributors
Introduction
Pavel Šturma and Milan Lipovský
part 1
Theoretical Issues and the Concept of Genocide
1 State Responsibility and Individual Criminal Responsibility for the Crime of Genocide
Pavel Šturma
2 Atrocity Labelling From Crimes against Humanity to Genocide Studies
Markus P. Beham
part 2
Forms of Responsibility for the Crime of Genocide
3 Time for Yet Another Judicial Creativity Does a Purpose-Based Approach Hinder Successful Prosecutions of Genocide Cases?
Michala Chadimová
4 Attempted Genocide in International Criminal Law
Nikola Kurková Klímová
part 3
Specially Protected Groups
5 A House with Four Rooms Only? The Protected Groups under the Definition of Genocide
Veronika Bílková
6 The Prevention of Cultural Genocide and the International Protection of National Minorities
Harald Christian Scheu
7 “The Victim Is the Group Itself” The Objective and Subjective Criteria in Determining the Groups Protected against Genocide
Kateřina Uhlířová
8 Invisible Genocide The Relevance of the 1948 Genocide Convention to the People with Disabilities
Eliška Mocková
part 4
Denial of Crimes
9 The Stigma of Genocide and the Denial of Communist Crimes
Tamás Hoffmann
10 The Denial of Armenian and Rohingya Genocide
Katarína Šmigová
11 The Situation in Myanmar and the Territorial Jurisdiction of the icc
Kristýna Pelikánová Urbanová
part 5
Genocide Internationally and Domestically
12 The Czech (Czechoslovak) Experience with the Genocide Convention
Ondřej Svaček
13 Universal Jurisdiction and the Crime of Genocide
Milan Lipovský
Bibliography
Index
Legal practitioners and academics focusing on both state and individual criminal responsibility under international law for the crime of genocide.